Legal Question in Family Law in New York
Help!
My grandchildren were taken into custody and placed in foster care by DSS in Suffolk County New York. Over a year ago, Interstate impact after home studies to place them in my care at DSS request recommended I get custody, however DSS has refused to place them with me on the grounds that I am not a US Citizen. I am a legal resident in the US. Can DSS do that legally and is there any recourse for me?
1 Answer from Attorneys
Re: Help!
Since you are a legal resident, you should be able to get custody of the children. DSS may be looking at your immigration status to see if you are eligible for benefits, such as kinship fostercare payments. If you do not intend to apply for and receive such benefits, your status should not be an issue. Even if you planned on accepting benefits for the children, I do not think that your immigration status should be an issue.You should inquire to see if the court appointed a law guardian for the children. If so, I suggest that you speak with the law guardian about getting custody.
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